I should have said the writers of English literature, seeing that the privilege is of course shared by the American writer. I profess my belief that in the States an English author has an advantage over one of that country merely in the fact of his being English, as a French milliner has undoubtedly an advantage in her nationality, let her merits or demerits as a milliner be what they may. I think that English books are better liked because they are English. But I do not know that there is any feeling with us either for or against an author because he is American. I believe that Longfellow stands in our judgment exactly where he would have stood had he been a tutor at a college in Oxford instead of a Professor at Cambridge in Massachusetts. Prescott is read among us as a historian without any reference as to his nationality, and by many, as I take it, in absolute ignorance of his nationality. Hawthorne, the novelist, is quite as well known in England as he is in his own country. But Ido not know that to either of these three is awarded any favor or is denied any justice because he is an American. Washington Irving published many of his works in this country, receiving very large sums for them from Mr. Murray, and I fancy that in dealing with his publisher he found neither advantage nor disadvantage in his nationality; that is, of course, advantage or disadvantage as respected the light in which his works would be regarded. It must be admitted that there is no jealousy in the States against English authors. I think that there is a feeling in their favor, but no one can at any rate allege that there is a feeling against them: I think I may also assert on the part of my own country that there is no jealousy here against American authors. As regards the tastes of the people, the works of each country flow freely through the other.
That is as it should be. But when we come to the mode of supply, things are not exactly as they should be; and I do not believe that any one will contradict me when I say that the fault is with the Americans.
I presume that all my readers know the meaning of the word copyright. A man's copyright is right in his copy; is that amount of legal possession in the production of his brains which has been secured to him by the law of his own country and of others. Unless an author were secured by such law, his writings would be of but little pecuniary value to him, as the right of printing and selling them would be open to all the world. In England and in America, and as I conceive in all countries possessing a literature, there is such a law, securing to authors and to their heirs, for a term of years, the exclusive right over their own productions. That this should be so in England, as regards English authors, appears to be so much a matter of course that the copyright of an author seems to be as naturally his own as a gentleman's deposit at his bank, or his little investment in the three per cents. The right of an author to the value of his own productions in other countries than his own is not so much a matter of course; but nevertheless, if such productions have any value in other countries, that value should belong to him. This has been felt to be the case between England and France, and an international copyright now exists. The fact that the languages of England and France are different, makes the matter one of comparatively small moment. But it has been found to be for the honor and profit of the two countries that there should be such a law, and an international copyright does exist. But if such an arrangement be needed between two such countries as France and England--between two countries which do not speak the same language, or share the same literature--how much more necessary must it be between England and the United States! The literature of the one country is the literature of the other. The poem that is popular in London will certainly be popular in New York. The novel that is effective among American ladies will be equally so with those of England. There can be no doubt as to the importance of having or of not having a law of copyright between the two countries. The only question can be as to the expediency and the justice. At present there is no international copyright between England and the United States, and there is none because the States have declined to sanction any such law. It is known by all who are concerned in the matter on either side of the water that as far as Great Britain is concerned such a law would meet with no impediment.
Therefore it is to be presumed that the legislators of the States think it expedient and just to dispense with any such law. I have said that there can be no doubt as to the importance of the question, seeing that the price of English literature in the States must be most materially affected by it. Without such law the Americans are enabled to import English literature without paying for it. It is open to any American publisher to reprint any work from an English copy, and to sell his reprints without any permission obtained from the English author or from the English publisher. The absolute material which the American publisher sells, he takes, or can take, for nothing. The paper, ink, and composition he supplies in the ordinary way of business; but the very matter which he professes to sell--of the book which is the object of his trade--he is enabled to possess himself of for nothing. If you, my reader, be a popular author, an American publisher will take the choicest work of your brain, and make dollars out of it, selling thousands of copies of it in his country, whereas you can perhaps only sell hundreds of it in your own; and will either give you nothing for that he takes, or else will explain to you that he need give you nothing, and that in paying you he subjects himself to the danger of seeing the property which he has bought taken again from him by other persons. If this be so, that question whether or no there shall be a law of international copyright between the two countries cannot be unimportant.